Scottish Borders Council

Agenda and minutes

Venue: via MS Teams

Contact: Fiona Henderson Tele: 01835 826502  E-mail:  fhenderson@scotborders.gov.uk

Link: teamsliveevent

Items
No. Item

1.

Appointment of Convener

Minutes:

The Managing Solicitor welcomed everyone to the meeting of the Scottish Borders Licensing Board.  In the absence of Councillor Greenwell, Councillor Tatler proposed that Councillor Weatherston be appointed as Convener for the meeting.  This was seconded by Councillor Turnbull and unanimously agreed.

 

DECISION

AGREED that Councillor Weatherston be appointed Convener for this meeting.

 

2.

Minute pdf icon PDF 341 KB

Minute of Meeting held on 21 January 2022 to be approved and signed by the Convener.  (Copy attached.)

Minutes:

1.         MINUTE

There had been circulated copies of the Minute of the Meeting held on 21 January 2022.

DECISION

APPROVED the minute for signature by the Convener.

 

3.

Licences dealt with under Delegated Powers pdf icon PDF 364 KB

(a)            7 December 2021 – 12 January 2022

 

(b)           13 January 2022 – 15 February 2022

 

 

 

(Copies attached.)

Additional documents:

Minutes:

1.         LICENSES DEALT WITH UNDER DELEGATED POWERS

For Members’ information there had been circulated copies of lists of licences dealt with under delegated powers for the period 7 December 2021 – 15 February 2022.

 

DECISION

NOTED.

 

4.

Section 20: Application for Premises Licence pdf icon PDF 836 KB

Consider the following applications for Grant/Provisional Grant of Premises Licence (applicants cited to attend.)(Copies attached.)

 

Section 20:  Application for Grant of Premises Licence. Consider the following application for Grant / Provisional Grant of Premises Licence (applicant cited to attend.)  (Copies attached).

 

(i)        Partnership of MW & CA Houghton            Storage Unit

                                                                                    Airhouses

                                                                                    Oxton

                                                                                    Lauder TD2 6PX

                                                                                    Provisional

 

Proposed business activity - The storage unit will be used mainly, but not exclusively as a dispatch point for remote sales (internet and telephone) but predominantly be dispatched to customers staying in the holiday home rented accommodation on site. The proposal is to sell alcohol on an Off-Sales basis only.

              

               Licensed hours applied for:

        On Sale                                                       Off Sale

               N/A                                                              Mon to Sun 10.00am - 10.00pm

                                                                                               

               Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.

 

(ii)       Michael Fascia                                             Heatherlie House Hotel

                                                                                    7 Heatherlie Park

                                                                                    Selkirk TD7 5AL

                                                                                    Provisional

Proposed business activity – formerly licensed small family run hotel situated on the outskirts of Selkirk town centre. Consisting of seven letting bedrooms, dining room, lounge bar and beer garden. The proposal being to sell alcohol on an On and Off Sale basis.

 

               Licensed hours applied for:

        On Sale                                                       Off Sale

               Sun to Wed 11.00am – 12 midnight           Mon to Sun 10.00am - 10.00pm

               Thurs to Sat 11.00am to 1.00am

                                                                                               

               Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.

 

 

Additional documents:

Minutes:

LICENSING (SCOTLAND) ACT 2005:

Section 20: Application for Premises Licence.  Considered the following application for Grant/Provisional Grant of Premises Licence.

(a)        Partnership of MW & CA Houghton                Storage Unit

                                                                                    Airhouses

                                                                                    Oxton

                                                                                    Lauder TD2 6PX

                                                                                    Provisional

               

            Licensed hours applied for:

    On Sale                                                           Off Sale

            N/A                                                                  Mon to Sun 10.00am - 10.00pm

                                                                                               

            Representations received:

    Police Scotland - none.

    Licensing Standards Officer - none.

    Health - none.

    Other - none.

 

There had been circulated copies of an application for the grant of a provisional premises license together with the proposed Operating Plan and Layout Plan. Mr Michael Wynne, Licensing Standards and Enforcement Officer advised that the storage unit would be used mainly, but not exclusively as a dispatch point for remote sales (internet and telephone) but would predominantly be dispatched to customers staying in the rented holiday home accommodation on site. The proposal was to sell alcohol on an Off-Sales basis only.

The application was within policy and no objections had been received. Police Scotland had no comments.

 

The convener welcomed Mrs Kelly, applicant, who joined the meeting via Microsoft Teams.   Mrs Kelly explained that the business was a 5 star, self catering luxury accommodation and they would like to include beer and wine in their guests welcome pack and to sell alcohol to guests while staying in the accommodation. 

DECISION

GRANTED.

 

(b)          Michael Fascia                                                Heatherlie House Hotel

                                                                                    7 Heatherlie Park

                                                                                    Selkirk TD7 5AL

                                                                                    Provisional

 

               Licensed hours applied for:

        On Sale                                                       Off Sale

               Sun to Wed 11.00am – 12 midnight           Mon to Sun 10.00am - 10.00pm

               Thurs to Sat 11.00am to 1.00am

                                                                                               

               Representations received:

        Police Scotland - none.

        Licensing Standards Officer - none.

        Health - none.

        Other - none.

There had been circulated copies of an application for the grant of a provisional premises license together with the proposed Operating Plan and Layout Plan. Mr Michael Wynne, Licensing Standards and Enforcement Officer advised that the property was a formerly licensed small family run hotel situated on the outskirts of Selkirk town centre and consisted of seven letting bedrooms, dining room, lounge bar and beer garden. The property which  had previously been licenced had been vacant for a number of years.  The proposal being to sell alcohol on an On and Off Sale basis.  The application was within policy and no objections had been received. Police Scotland had no comments.

The Convener welcomed Mr Fascia, Applicant who joined the meeting via Microsoft Teams.  Mr Fascia explained that a considerable amount of money had been spent on the hotel to bring it back to life and the proposal was to run as a small Hotel and then to include a public bar.  

 

DECISION

GRANTED.

 

5.

Items likely to be Taken in Private

Before proceeding with the private business, the following motion should be approved:

 

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act”

Minutes:

PRIVATE BUSINESS

            DECISION

 

            AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 14 of Part I of Schedule 7A to the Act.

 

SUMMARY OF PRIVATE BUSINESS

 

5.    SECTION 36 – REVIEW OF PREMISES LICENCE

       The Clerk advised that as the date of the meeting had been changed, the Applicant and Representative were unavailable to attend.

 

DECISION

AGREED that as the applicant and representative were unavailable the matter be continued to the next meeting.

 

6.    SECTION 84A – REVIEW OF PERSONAL LICENCE

       The Clerk advised that as the date of the meeting had been changed, the Applicant and Representative were unavailable to attend.

 

AGREED that as the applicant and representative were unavailable the matter be continued to the next meeting.

 

6.

Section 36 - Review of Premises Licence

Consider application for review of Premises Licence following reports of conduct inconsistent with licensing objectives :-

 

(i)    report by Principal Regulatory Services Officer; and

 

(ii)   report by Licensing Standards and Enforcement Officer. 

 

 

(Licenceholder cited to attend.) (Copy reports attached.)

 

7.

Section 84A - Review of Personal Licence - Police Letter

Consider application for review of Personal Licence following report of conduct inconsistent with licensing objectives received from Police Scotland.  (Police Scotland report attached) (Licenceholder cited to attend.)

8.

Any other items previously circulated

9.

Any other items which the Convener decides are Urgent

 

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